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CSEET · Business Laws and Management · Introduction to Law

A State government issues a notification restricting a trader from carrying on his lawful trade in a town without any reasonable ground. The trader wants to approach the Supreme Court directly. Which is the most accurate position?

The trader may approach the Supreme Court directly under Article 32 because an unreasonable restriction on his trade may violate his fundamental right under Article 19(1)(g). Article 32 covers fundamental rights only, not ordinary statutory rights, and High Courts also have concurrent writ powers.

  1. AHe can approach the Supreme Court directly under Article 32 only if a fundamental right is violated; the restriction may infringe his right under Article 19(1)(g)Correct
  2. BHe cannot approach the Supreme Court at all, only the High Court can hear such matters
  3. CHe can approach the Supreme Court under Article 32 because any legal right, including ordinary statutory rights, is enforceable there
  4. DHe must first obtain the President's permission to file a writ petition

Explanation

Article 32 is itself a fundamental right and allows direct approach to the Supreme Court for enforcing fundamental rights. The trade restriction may violate Article 19(1)(g), the freedom to practise any profession or carry on trade. Option 3 is wrong because Article 32 is for fundamental rights, not ordinary legal rights. High Courts also have writ powers under Article 226, but that does not bar Article 32.

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